Emerson v. Thompson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Claris County. The case is thus stated by Mr. Justice Tatloe: “ Action to recover the value of certain saw-logs which the plaintiff claimed to own, and which he alleges the defendant unlawfully took from his possession and converted to his own use. [The answer was a general denial.] “ The plaintiff, to prove his title, introduced evidence showing that he bought the logs in question at a sale made by the town treasurer to pay the taxes…
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APPEAL from the Circuit Court for Claris County. The case is thus stated by Mr. Justice Tatloe: “ Action to recover the value of certain saw-logs which the plaintiff claimed to own, and which he alleges the defendant unlawfully took from his possession and converted to his own use. [The answer was a general denial.] “ The plaintiff, to prove his title, introduced evidence showing that he bought the logs in question at a sale made by the town treasurer to pay the taxes assessed against a man by the name of J. S. Keator. He made the purchase in March, 1881. At the time of the purchase, the logs…
1Opinion of the CourtTaylor, J.
On the part of the learned counsel for the respondent it is argued that the nonsuit was properly granted, for the following reasons: 1. That the evidence shows that the logs in question were the logs of J. S. Keator, and there is not sufficient evidence given on the part of the plaintiff to show that Keator’s title was divested by the tax sale and vested in the plaintiff; and 2. That the evidence shows that what defendant did in May or June in taking possession of the logs and putting them in the stream again after they had been removed therefrom by the plaintiff in March previous, was done…
2Cases cited9 opinions
- Norton v. KearneyWisconsin Supreme Court · 1860
- Hutchinson v. LordWisconsin Supreme Court · 1853
- Sprague v. BirchardWisconsin Supreme Court · 1853
- Power v. KindschiWisconsin Supreme Court · 1883
- Jones v. LakeWisconsin Supreme Court · 1853
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Berger v. 34th Street Garage, Inc.Appellate Division of the Supreme Court of the State of New York · 1948
- Johnson v. OswaldSupreme Court of Minnesota · 1888
- Cummings v. FriedmanWisconsin Supreme Court · 1886